TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Enforcement Litigation 169
bership in a labor organization wishing to displace such individual as
employee representative
3. The Collective-Bargaining Obligations of Employers and
Labor Organizations—Section 8(a)(5) and 8(b) (3)
The parallel provisions of section 8(a) (5) and 8(b) (3) of the act
require good-faith bargaining between an employer and a union which
Is the statutoi y i opt esentative of his employees
Two cases put at issue the statutory obligations imposed on an individual
employei by a multiemployer contract Several cases arose
under section 8(a) (5) which involved charges that the respective
employeis had failed to live up to their statutory bargaining obligations
in one instance by making "unilateral" changes in existing
employment conditions during the pendency of contract negotiations
with the employees' representative, and in the others by refusing to
supply the employees' representative with information relevant to
collective bargaining Three other cases presented the question
whether a particular proposal insisted upon by either an employer or
a union, as a condition of entering into an otherwise acceptable contract,
was within the field of so-called "mandatory bargaining" as
defined by the Supreme Court's decision inB org-W arner 27
a Duty To Bargain—Multiemployer Situations
In one case, 28 the Ninth Cii cuit agreed with the Board that the respondent
employer, which had designated the employer association as
its representative in collective-bargaining negotiations, violated section
8(a) (5) and (1) by refusing to execute the contract negotiated
by the association The court approved, as supported by substantial
evidence, the Boat d's finding that the respondent employer had not
unequivocally withdrawn from the association before the agreement
was reached In the Marcus Truolang case,29 the Second Circuit agreed
with the Board that the employer violated section 8(a) (1), (2), and
(5) by entering into a collective-bargaining agreement with a union
which represented a substantial majority of his own employees, where
the respondent employer had previously bound himself to a current
multiemployer contract between another union and an employer association
The court noted the Board's position that an employer is
obligated to bargain with an incumbent minority union when the hold-
\ L B Woostcr Div of Borg-Warner Corp, 356 U S 342 (1958)
-6 N I, R B r Jeffries Banknote Co, 281 F 26 893
29 NLRB v Marcus Trucking Co. Inc , 286 F 26 583